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B-238990 1 (1991-06-17)

handle is hein.gao/gaobadnwz0001 and id is 1 raw text is: Co ol ptrer Gemwnd a a. Uaited Sbanf Decision Matter of: L. Wayne Faulkner File: B-238990 Date: June 17, 1991 DRCISION This is in response to an appeal from our Claims Grouip's determination that interest could not be paid on the backpay granted to Mr. L. Wayne Faulkner to correct errors in recognizing Mr. Faulkner~s step increases since the agency's determination to grant backpay became final before the effective date of the amendment to the Back Pay Act, 5 U.S.C. § 5596, allowing interest.1/ For the following reasons, we sustain the Claims Group's denial of interest. Due to administrative errors, Mr. Faulkner's salary was not increased to step 7 and step 8 on June 27, 1982, and June 23, 1985, respectively, when it should have been. These errors were corrected on March 18e 1987, by personnel correction nouices which immediately increased Mr. Faulkner's current pay and authorized the backpay due him. On July 29, 1987, the Personnel Office sent Mr. Faulkner's backpay case to the Central Payroll Office for processing. The Central Payroll Office conducted an audit which was completed in August 1987. However, for reasons which are not apparent, the backpay payments were not timely made. When nearly a year had passed, Mr. Faulkner filed a grievance demanding backpay and interest. In July and August 1988, the agency paid the backpay that was due him but denied the interest payment. The Back Pay Act provides that an employee who is found by appropriate authority to have been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reduction of all or part of the employee's pay is entitled upon correction of the personnel action to receive 1/ The Department of Health and Hum3n Services and the Amarican Federation of Government Employees, AFL-CIO, Local 1923, agreed to submit the question of whether interest was due on backpay granted to N:-. Faulkner. This question was initially determined by our Claims Group in Settlement Certificate Z-2866287, April 6, 1989.

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